1. The defendant's payment order against the plaintiff was issued by Busan District Court 2008Ka31362.

1. Facts of recognition;

A. On December 11, 2008, the Defendant lent the Plaintiff KRW 5 million to the Plaintiff on November 7, 2002 by this Court Decision 2008Da31362, which the Defendant applied for a payment order seeking the payment of the above amount on the ground that the Defendant received the above loan claim from C, and this court issued the payment order under the above application, and the said payment order issued on January 6, 2009 by D, the original copy of the above payment order, which was the Plaintiff’s birth.

The above payment order was finalized around that time because there was no objection.

B. On March 27, 2014, the Plaintiff filed a petition for bankruptcy and immunity with the Gwangju District Court No. 2014Hadan670, and 2014Ka670.

On June 17, 2014, the above court rendered a bankruptcy decision and rendered a decision to grant immunity on July 17, 2015, and the above decision to grant immunity became final and conclusive around that time.

C. At the time of filing an application for bankruptcy and exemption, the Plaintiff omitted the instant obligation against the Defendant in the list of creditors.

[Ground of recognition] Facts without dispute, entry in Gap 1 through 3, purport of the whole pleadings

2. Determination

A. According to the above facts, barring any special circumstance, it shall be deemed that the defendant's obligation against the plaintiff, which was the basis of the above payment order, was exempted from the obligation, barring any special circumstance. Therefore, compulsory execution based on the above payment order against the plaintiff shall be rejected.

B. The Defendant’s assertion was not indicated in the creditors’ list with knowledge of the existence of the Defendant’s claim against the Plaintiff at the time of the Plaintiff’s bankruptcy exemption, and thus, the Defendant’s claim against the assignee was not exempted, even if it were to the effect that the Plaintiff did not directly receive the original of the payment order; the time when the Plaintiff’s claim against the assignee was created, which was the basis of the above payment order, was later later than 10 years from the time of the above bankruptcy and exemption application in around 2002; the amount of the above assignee’s claim is relatively small to exceed 50 million won; and even when the Plaintiff compared with the total amount of claims of other creditors listed in the creditors’ list at the time of the Plaintiff’s bankruptcy application.